The United Kingdom’s decision to leave the EU means that the UK will no longer be an EU Member State and that the EU legislation on the free movement of persons will no longer apply in the United Kingdom.

The United Kingdom leaves the European Union, but it is not yet possible to say when the date of the so-called Brexit will be. However, it is now certain that it will not be on 29 March 2019.

Regardless of when the United Kingdom withdraws from the EU, British citizens will by default be considered to be third country nationals.

It is important to note that both the UK Parliament and the European Parliament must approve the Withdrawal Agreement in its entirety for it to apply when the UK leaves the EU. If the Withdrawal Agreement does not enter into force, the citizens’ rights chapter will not apply.

In that case the UK will leave the EU without an agreement – the so-called ‘no deal-scenario’. The risk of a no deal-scenario is a source of great concern both for British citizens in Denmark and for Danish citizens in the UK.

It is a clear priority for the Danish government to ensure that British citizens who have chosen to live in Denmark are treated fairly, regardless of how the negotiations develop.

On 19 March 2019, the Danish parliament adopted a legislative proposal (no. L 166) which extends existing EU-rights for British citizens in Denmark and their family members in the event that the United Kingdom leaves the EU without an agreement (Lov om videreførelse af visse rettigheder i forbindelse med Det Forenede Kongeriges udtræden af Den Europæiske Union uden en aftale) (hereafter, the Danish Brexit act). The Danish Brexit act will only enter into force if the United Kingdom leaves the EU without an agreement.

The Danish Brexit act is a temporary scheme and will apply until replaced by a permanent solution. The Danish Brexit act applies to British citizens and their family members, who are legally residing in Denmark on the withdrawal date in accordance with EU-rules on free movement. The law will also apply to frontier workers who work in Denmark on the withdrawal date while residing in another EU/EEA-country.

You can read more about what the Danish Brexit act means on areas concerning the Ministry of Higher Education and Science below.

Student rights

If the UK Parliament and the European Parliament approve the Withdrawal Agreement, your rights as a student in Denmark remain unchanged as if you were still an EU citizen during the transition period set out in the agreement.

If the Withdrawal Agreement is not approved by the UK Parliament and the European Parliament and the UK leaves the EU without an agreement (the no deal-scenario), the Danish Brexit act will extend your existing EU-rights as a student in Denmark for a transitional period. The Danish Brexit act applies to British citizens and their family members, who are legally residing in Denmark on the withdrawal date in accordance with EU-rules on free movement. The Danish Brexit act will also apply to frontier workers who work in Denmark on the withdrawal date while residing in another EU/EEA-country.

The Danish Brexit act will secure your student rights according to EU law during the transition period, which means that you will have the same access to the Danish higher educational system as EU citizens have according to EU law. You will only have to pay tuition fees for education in Denmark where EU and EEA citizens pay tuition fees.

You will also have the same access to Danish student grants for education in Denmark and abroad as EU and EEA citizens have according to EU law.

If you at the time of UK’s withdrawal from the EU have already been granted Danish student grants for education in Denmark or abroad you will continue to be eligible for Danish student grants for that specific study programme you have been granted Danish student grants as long as you continue to meet the required conditions.

If you have questions regarding access to the Danish higher educational system or regarding financial support for educations in Denmark and abroad you can contact The Ministry of Higher Education and Science on ufm@ufm.dk.

Access to regulated professions

If the UK Parliament and the European Parliament approve the Withdrawal Agreement, your rights regarding access to regulated professions will remain unchanged as if you were still an EU citizen during the transition period set out in the agreement.

If the Withdrawal Agreement is not approved by the UK Parliament and the European Parliament and the UK leaves the EU without an agreement (the no deal-scenario), the Danish Brexit act will extend most of your existing EU-rights regarding access to regulated professions for a transitional period.

If you at the time of UK’s withdrawal from the EU have already been granted permanent authorization to practice a regulated profession in Denmark based on qualification from the UK you will keep your authorization.

After the withdrawal date, you can still apply for access to a regulated profession in Denmark according to EU law based on qualifications from the UK achieved no later than the withdrawal date.

If you at the time of UK’s withdrawal from the EU are providing a service on a temporary basis in Denmark based on qualifications from the UK you will be able to finish the temporary service in Denmark you have started no later than the withdrawal date. After the withdrawal date, you will no longer be able to provide new services on a temporary basis in Denmark on basis of EU law.